Chandler v. Probate Court
Idaho Supreme Court
Application for writ of mandamus to compel the judge of the probate court of Kootenai county to set aside an order settling the final account of an administrator and a decree of' final distribution. Probate courts have equity powers to set aside final settlements on the ground of fraud, mistake or accident. (Sellew’s Appeal, 36 Conn. 186; Ayer v. Messer, 59 N. H. 279; Pew v. Hastings, 1 Barb.
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Application for writ of mandamus to compel the judge of the probate court of Kootenai county to set aside an order settling the final account of an administrator and a decree of' final distribution. Probate courts have equity powers to set aside final settlements on the ground of fraud, mistake or accident. (Sellew’s Appeal, 36 Conn. 186; Ayer v. Messer, 59 N. H. 279; Pew v. Hastings, 1 Barb. Ch. (N. Y.) 452; Smith v. Bix, 9 Yt. 240; Adams v. Adams, 21 Yt. 162.) The power is conferred by statute in the following eases: Williams v. Price, 11 Cal. 212; Estate of Gahalan, 70 Cal. 604, 12 Pac.…
1Opinion of the Court
MCCARTHY, District Judge.
On February 2, 1914, the defendant, as probate judge of Kootenai county, rendered a *175final decree of distribution and made an order of discharge of the administrator in the matter of the estate of Frederick J. Johnson, deceased. On March 24, 1914, the petitioners in this case filed a petition in said probate court for the purpose of setting aside said order and decree. The material facts set forth in said petition are as follows:
1. That Frederick J. Johnson, deceased, died on or about February 23, 1913, at Santa Cruz, California, leaving an estate within Kootenai…
2Cited by9 opinions
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- Moyes v. MoyesIdaho Supreme Court · 1939
- Woodard v. UtterIdaho Supreme Court · 1916
- Cox v. MacKenzieArizona Supreme Court · 1950
- Luke v. KettenbachIdaho Supreme Court · 1919
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